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Harare High Court

Evan Mawarire v The State

HH 804-17

Case Details

Court
Harare High Court
Date
29 November 2017
Citation
HH 804-17
Neutral Citation
[2017] ZWHH 804
Outcome
unknown
Case Type
Application

Bench

Presiding
Chigumba J
Full Bench
Chigumba J
Areas of Law
Criminal procedureConstitutional lawBail law
Keywords
Bail after pleaSection 69 CPEASection 50 ConstitutionCompelling reasonsEvidence of substance
Tags
Bail applicationPost-plea bailConstitutional rights
legislation
Statutes Cited
  • Criminal Law Codification and Reform Act [Chapter 9:23]
  • Criminal Law Codification and Reform Act [Chapter 9:23]
  • Criminal Law Codification and Reform Act [Chapter 9:23]
  • Criminal Procedure and Evidence Act [Chapter 9:07]
  • Criminal Procedure and Evidence Act [Chapter 9:07]
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant is entitled to bail after plea under s 69 CPEA and s 50 Constitution","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant pleaded not guilty; prior bail terminated automatically"}
  • {"issue_text":"Whether State has shown compelling reasons to deny bail","issue_type":"law","dispositive":"yes","related_facts":"State alleges danger to public safety; relies on abandoned and unprosecuted charges"}
  • {"issue_text":"Whether abandoned charges and unprosecuted charges constitute evidence of substance of propensity","issue_type":"law","dispositive":"no","related_facts":"UZ demonstration charge abandoned; fresh similar charges not yet put"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a 40-year-old married pastor with three children, applied for bail after pleading not guilty to charges of subverting a constitutional government and incitement to public violence. His initial bail had terminated automatically upon plea under s 69 CPEA. He had previously been granted bail, travelled to the USA and returned voluntarily, and complied with all bail conditions.
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